Brecke sentencing adjourned until Jan. 11

BESSEMER - The sentencing of Martin Henry Brecke, 33, of Ironwood, has been rescheduled for Jan. 11 after Gogebic County Circuit Court Judge Roy Gotham approved a motion to adjourn Tuesday's sentencing hearing.

Brecke pleaded guilty to a charge of involuntary manslaughter on Nov. 10. An additional felony count of delivery of heroin, resulting in death, was dismissed as part of the plea deal.

While the involuntary manslaughter charge carries a maximum sentence of 15 years in prison and/or a $7,500 forfeiture, Gotham said Tuesday the plea agreement signed Nov. 10 stipulated a minimum sentence of 24 months and the guidelines provided by the Michigan Department of Corrections list 12 to 24 months as a sentence, with a recommendation of 12 months.

Tracie Wittla, with the Gogebic County Prosecutor's Office, made a motion to delay the hearing, arguing the victim's family needed more time to process the sentencing recommendation.

Brecke's attorney, Jesse Monville, objected to the motion. Monville argued the family was unlikely to reach a consensus regarding the proper sentence.

"It's going to be an emotional, difficult thing regardless of when sentencing happens," Monville said.

He also argued Brecke's mother had traveled from Chicago to attend the hearing and it would be difficult for her to make another trip.

Gotham said while he tended to agree with most of Monville's arguments, given the magnitude of the case, he was going to grant the delay.

"We're talking about the death of a son and a brother," Gotham said, "... (the family's) wishes have to be considered."

The charges against Brecke stem from a July 7 incident where officers of the Ironwood Public Safety Department responded to a 911 call regarding an unresponsive man at an Oak Street residence.

According to a police report, the man - later identified as Patrick Mullen, 32 - had been dropped off by a friend who then fled on foot.

Witnesses told officers Brecke had pulled up in a truck with an unresponsive Mullen and said he didn't know what happened, just that he gave Mullen "some." The witness told police he believed Brecke was referring to heroin.

Brecke later told police he and Mullen had done heroin, but that it shouldn't have caused the reaction it did.

Mullen was later pronounced dead at Aspirus Grand View Hospital.

While Gotham retires Jan. 1, he told the court there was a possibility he would be assigned to handle the sentencing as he has been the judge throughout the case.

The Jan. 11 sentencing hearing is scheduled for 11 a.m.